Updates on Zambrano applications

wiggsy wrote:just been linked to this too:
https://www.whatdotheyknow.com/request/ ... 024432.pdf

2. Given the EU directive obliging the UK government to issue a residence card to family members of EU nationals within 6 months can you please clarify the immigration status of those applicants whose residence cards have not been issued after the 6 months period?

Issuing residence documentation under the EEA Regulations does not affect an individual’s Immigration status. We are solely confirming the right to reside which the applicant has under the EEA Regulations regardless of whether UK Border Agency issues documentation confirming that right.

sarahassy wrote:thanx very much Wiggsy this is what I have been looking for.

UKBA wrote: Regulation 15A(7) confirms the definition of a primary carer for the purpose of regulation 15A(2).
The definition requires that the applicant is:
a) a direct member or legal guardian of the person from whom they claim a derivative right, and
b) is the person who
i) has primary responsibility for that person's care, ****OR****
ii) shares equally the responsibility for that person's care with one other person who is not an exempt person.

Regulation 15A(8) confirms that financial support alone will not bring a person within the definition of primary carer for the purposes of the Regulations. Those solely providing financial assistance who have no day to day caring responsibilities do not benefit from the provision.

wiggsy wrote:

maame16 wrote: 5. THEIR FURTHER ENQUIRIES HAVE REVELED THAT "ME" I HAVE INDEFINITE LEAVE TO ENTER. SO I AM AN EXEMPT PERSON UNDER THE ZAMBRANO LAWS.

I FIND THIS TO BE VERY FUNNY BECAUSE IF I HAVE INDEFINITE LEAVE TO ENTER, WHEN DID THE HOME OFFICE ISSUES THIS INDEFINITE AND IN WHICH PASSPORT DID THEY DO THIS. OR WHY ON THE HELL THIS THE SEND ME C'O'A WITH RIGHT TO WORK IF I HAVE INDEFINITE.
ANYWAY I HAVE DECIDED TO GO AND GET A LAWYER TO MAKE THE APPEAL FOR AND ALSO IF OUT WHEN HOME OFFICE GET ME INDEFINITE, AND I DIDN'T KNOW ABOUT.

you do realise that ILE is just the same as ILR? - if i were you i would get your passport issued, get a stamp stuck in it (even if you have to pay £100 or whatever... then later on sort out naturalisation...
http://en.wikipedia.org/wiki/Indefinite_leave_to_remain

Babz wrote:

5. THEIR FURTHER ENQUIRIES HAVE REVELED THAT "ME" I HAVE INDEFINITE LEAVE TO ENTER. SO I AM AN EXEMPT PERSON UNDER THE ZAMBRANO LAWS.

I think it's better you first find out what information the home office holds about.

wiggsy wrote: you do realise that ILE is just the same as ILR?

maame16 wrote:oh yea while we wait on home office to provide the documents she is going to application in for me. they this application that you have to be under 25 year old and have a family in the uk and ties back in ghana. she want to that quick because i will be 25 in august.

wiggsy wrote:

wiggsy wrote: you do realise that ILE is just the same as ILR?

maame16 wrote:oh yea while we wait on home office to provide the documents she is going to application in for me. they this application that you have to be under 25 year old and have a family in the uk and ties back in ghana. she want to that quick because i will be 25 in august.

are you paying for this service?... note: I believe the decision has to be made BEFORE you turn 25... not application before hand...

you may be wasting your money for two reasons:
1) the decision most likely wont be before august
2) you already have ILE.

A subject access request must be responded to PROMPTLY and no later than 40 days... a response within 40 days can still be deemed to not be prompt!
(IE: you ask your employer for a statement that you were paid X and X on the specific dates of: X and X... - shouldnt take more than a week or so - if longer the ICO could uphold a complaint for failure to respond promptly. and if you lost out because of such, then compensation could be issued by the courts...)

wiggsy wrote:noooo... u can file a subject access request with any organisation.

http://ico.org.uk/for_the_public/personal_information

i used employer as an example to show a prompt response

ukba is who u need to send sar to.

sarahassy wrote:please Wiggsy , foward me the guide given to the caseworkers under zambrano application.
what I don't understand is, do we have to provide evidences that we r the sole carers or we have to explain how the British national cannot take care of his minor.

fm9 wrote:

sarahassy wrote:please Wiggsy , foward me the guide given to the caseworkers under zambrano application.
what I don't understand is, do we have to provide evidences that we r the sole carers or we have to explain how the British national cannot take care of his minor.

hi guys am new here, but have been reading all ur post, am waiting for zambrano documentation as well, i have the COA and have got a job offer, i need bank account can someone pls pls help me open one with my coa?

kiss300 wrote:any appeal updates so far pple?????

1. Evidence that you are the sole primary carer for your British children

2. Evidence to support the fact that you are also prividing your husband with full-time care.

3. Detailed evidence as to why your husband and the father of your children, My Name, who is a British Citizen and with whome you reside, is unable to care for your children.

4. Further medical evidence to substantiate the claims on your application form that your husband would be unable to assume full caring responsibility for the children as you believe this would be detrimental to his health.

5. Clarification on the information in your husbands letter of 16th January 2012 submitted iin support of your application in which he states:
'To expect myself to care for two young children would be
-> Detrimental to my own health
and
-> Impose an element of risk for my children.'

mam2 wrote:I think wiggsy's wife's letter is from the home office. At least they have come out to request for more evidence before making a decision. This is what they should have done with everybody before refusing the application. Wiggsy now has a chance to submit n prove his point and that's what he said he was doing.

kiss300 wrote:@wiggsy was this letter from tribunal or from home office? if it is fro tribunal how long did it take for this letter to come through as my appeal has been submitted today?

what is the next step after appeals are sent to the tribunal?

easy77 wrote:UKBA are supposed to ask for further evidence for zambrano applicants esp those that applied prior to the amendment. They delayed amending regulation, i totally agree wit wigsy. I have forwarded the evidential flexibility policy to my friend & she will use as one of the reasons for her appeal, bcos in her own case she could provide all d documents needed. I have seen cases where UKBA reconsidered their decision based on this policy before. This people are really mean, but i urge all zambrano applicants refused not to chicken out & apply for article 8, becos it will mean they've won & actually made dat zambrano judgemt useless.

I can confirm that the department holds some information that you have asked for. The information is exempt under section 21 of the FOI Act because it is reasonably accessible to you, and I am pleased to inform you that you can access it via the links below.

We have recently published our consultation paper and consultation response paper which sets out our approach to fee remissions in the First-tier Tribunal (Immigration and Asylum Chamber) and is publically available on the MoJ website ( https://consult.justice.gov.uk/digital- ... ion-asylum )

Also available is broad guidance on immigration and asylum appeals http://www.justice.gov.uk/tribunals/immigration-asylum. The courts also have a fee remissions policy and again guidance on this can be found on the MoJ website ( http://www.justice.gov.uk/courts/fees ). I hope this information will be helpful.

You have also made a request that your wife’s application be treated as a Human Rights
application in accordance with the Article 8 right to a private and family life. The Immigration
Rules now include provisions for applicants wishing to remain in the UK on the basis of their
family or private life, should you wish to rely on your family or private life established in the
UK under Article 8 of the European Convention on Human Rights (ECHR). These rules are
located at Appendix FM and Paragraph 276ADE of the rules respectively.
Your wife’s current application is for an EEA consideration. If you wish the Home Office to
consider an application on the basis of Article 8 rights, you must make a separate charged
application using the appropriate specified application form (FLR(M) for the 5-year partner
route; FLR(O) for the 5-year parent or 10-year partner or parent route; or FLR(O) for the 10-
year private life route). For more information please consult the UKBA website,
www.ukba.homeoffice.gov.uk. In relation to your concern that the welfare of your daughter
is considered when deciding this application, I can assure you that the Agency takes very
seriously the duty placed upon it to safeguard and promote the welfare of children in the UK.
Section 55 considerations will be fully incorporated into any decision on your wife’s current
application.

Section 141(14) of the 1999 Act [group F] defines a person as a dependant of another if:

 they are that person’s spouse or child under the age of 18

 they do not have a right of abode, indefinite leave to enter or remain in the United Kingdom

I am writing to request a copy of any policy documents / training materials which raise awareness / the principles which you take into consideration when assessing the care requirements for a child.

The care requirements I raise are
"who is a suitable carer"
"What might make an unsuitable carer"
"when you deem it suitable to remove a child from their parent"
"is it in the childs best interest to remove a child from their mother"
"is it in the childs best interest to remove a child from their father"
"mental health implications of removing a child from the stablity of their home life"

(note: this is not a full list of my requested information, but just to highlight the type of information I am requesting.)

Specifically, I want to know:
1) If the parents are "fit" to care for a child... is it in the child's best interests to remove the parents from the child's life
2) Is it in the chld's best interest to alter a child's current living situation if it is not necessary...
3) What implications on a child's health can arise from changes to a childs home environment.

Any cases which have already been accepted into the business should firstly have their application considered on the basis of the Regulations (even where the application is based solely on Zambrano). Where this is to be refused, then consideration must now be given to whether the application comes within the agreed scope of Zambrano.